SC, FCC as Parallel Courts, Not Subordinate: CJP Ruling

The Supreme Court of Pakistan has clarified that both the Supreme Court and the Federal Constitutional Court (FCC) operate as “coordinate courts” with distinct constitutional jurisdictions. This ruling came after a two-member bench comprising Chief Justice Yahya Afridi and Justice Shahid Bilal Hassan heard multiple petitions.

According to the judgment, writ petitions under Article 199 now fall exclusively under the FCC’s jurisdiction. Ordinary civil and appellate matters will continue to be heard by the Supreme Court under Article 185. The court emphasized that there is no appellate hierarchy between the two courts.

The ruling also noted that Article 175F, introduced through the 27th Constitutional Amendment, establishes a distinct appellate framework, transferring all appeals arising from Article 199 decisions to the FCC, except in specified categories. The Supreme Court retained jurisdiction over regular civil appeals while transferring the writ petition to the FCC.